My husband and I are hoping to acquire a home in Westcombe Park and have instructed a Westcombe Park conveyancing practice. Within the last couple of days our lawyer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. The Mortgage Works have this evening contacted us to inform me that they have now hit a problem as our Westcombe Park conveyancer is not on their conveyancing panel. Please explain?
Where you are buying a property needing a mortgage it is conventional for the purchasers' lawyers to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the bank's conveyancing panel and you may continue to use your own Westcombe Park solicitors, in which case your legal fees may increase, and it may delay matters as you have another set of people involved.
All was ready to complete my purchase in Westcombe Park next Friday. My lawyer now wants me to supply her with evidence of content and building insurance for the property as he says that he has to check this in his capacity as lawyer for the bank. What does the insurance need to cover?
Any lawyer on acting for mortgage companies would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook requirements. These obligations are not limited to conveyancing in Westcombe Park.
Completed the sale of my flat in Westcombe Park last June yet the purchaser is texting me to moan that her lawyer needs to hear from mylawyer. What are the post completion sale formalities now that I have sold?
Following your house sale your lawyer should deliver the transfer deeds and all of the paperwork to the buyer’s conveyancer. Where appropriate, your conveyancer must also evidence that the legal charge in favour of the lender has been discharged to the purchasers conveyancers. There is unlikely to be post completion formalities just for conveyancing in Westcombe Park.
I am buying a detached bungalow in Westcombe Park. We would like to carry out an extension to the side at the property.Will legal due diligence on the property include investigations to see if these alterations were previously refused?
Your solicitor should review the registered title as conveyancing in Westcombe Park will occasionally identify restrictions in the title documents which restrict categories of changes or require the permission of another owner. Some additions need local authority planning consent and approval under the building regulations. Certain areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. You should check these issues with a surveyor ahead of any purchase.
Can I be sure that the Westcombe Park conveyancing solicitor on the Virgin Money panel is any good?
When it comes to conveyancing in Westcombe Park obtaining recommendations is a sensible starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always advocate that you speak with the lawyer conducting your transaction.
I have today made my last payment due on my mortgage with Aldermore. I assume I don't need a Westcombe Park property lawyer on the Aldermore panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Aldermore mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Aldermore mortgage from the register. Aldermore, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
Me and my brother have a semi-detached Georgian property in Westcombe Park. Conveyancing lawyer represented me and Barnsley Building Society. I did a free Land Registry search last week and I saw two entries: one for freehold, the second leasehold under the exact same address. I'd like to know for sure, how can I find out??
You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Westcombe Park and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the situation with the conveyancing lawyer who conducted the conveyancing.
My wife and I purchased a leasehold house in Westcombe Park. Conveyancing and Alliance & Leicester mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Westcombe Park who acted for me is not around. Any advice?
The first thing you should do is make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Westcombe Park conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a Westcombe Park conveyancing firm to represent me?
if there is a missing landlord or if there is disagreement about what the lease extension should cost, under the relevant statutes you can apply to the First-tier Tribunal (Property Chamber) to determine the sum to be paid.
An example of a Lease Extension case for a Westcombe Park residence is 73 Walerand Road in August 2012. the result of the findings of the Tribunal led to a premium to be paid for the extended lease in respect of Flat 73 in the sum of £10,040. The premium applicable in respect of Flat 85 was £5,710. This case related to 2 flats. The remaining number of years on the lease was 72 years.